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Why Blame Defenseless Adjudicators?


changing times

Sir,
Paragraph 7 of Instruction F.No. 1080/09/DLA/MISC/15/751 dated 21/12/2015 of Member (L&J/IT) is reproduced below.
"Adjudicating authorities should be made accountable for the quality of orders passed by them. With about 70 to 80% of the orders passed by the departmental officers at the level of Commissioners and Commissioner (Appeals) being set aside by the CESTAT, speaks poorly about the quality of adjudications and the appellate orders. Revenue bias is clearly evident in most of the cases. This adds to litigation.
Periodic review of the orders set aside by the CESTAT should be undertaken by the Zonal CCs of the adjudicating authorities posted under him/her, if the orders are found to be bad in law, a mention of the same made in their APAR's be considered.
This issues with the approval of Revenue Secretary."
So, whether the above instruction solves the issue or creates more legal wrangle or it is just a paper tiger, has to be seen in near future.

Napolean B 17/02/2016

 

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